Previous by Date | Next by Date | Date Index
Previous by Thread | Next by Thread
| Thread Index
| LM_NET
Archive
| |
> Date: Wed, 20 May 2009 14:08:47 -0500 > From: "Jensen, Marcia L" <jensenm@MAIL.DAVENPORT.K12.IA.US> > Subject: Re: Web 2.0 Rights animation, diagnostic tool, and other resources > > So, what are the copyright rules for Web 2.0 here in the United States? Are= > they the same as for other formats? It would be great if someone would put= > up a website or write an article that pertains specifically to this issue. > > Marcia L. Jensen I am trying to finish material on this - in 2 versions. The first will be a narrated slides presentation (CEUs available) on effective Internet use management and legal issues for Web 2.0 in schools. I am close to finishing - if I would only stop having new insight that I think I need to add it would help. I had an OMG! new insight this morning. The second will include material for students focusing on Consuming and Creating in Web 2.0. I am sure going to try to have this ready for by next fall. Also curriculum on Internet safety by next fall, and a parent presentation. (I am basically shifting from writing books to writing very concise, but extensive, outlines in the form of presentation notes - with a narrated slides presentation to go along with this - and the ability to use this for CEUs through the U of Oregon. But I am working on 4 of these presentations simultaneously - Internet safety for all teachers, youth risk online for mental health professionals, effective management/legal issues in Web 2.0, and cyberbullying - and so am driving myself mildly batty - plus trying to finish up before I turn into a full time mom when my kids get out of school.) Basically everything that you learned about fair use for educational purposes does not work in Web 2.0. You have to focus on another approach to fair use - fair use for transformative purposes. Aw heck, I will provide you with the print material on this particular issue - consider this a preview to my favorite folks - librarians. :-) Fair Use The Fair Use doctrine allows for limited, socially beneficial, uses of copyrighted materials without compensating the copyright owner. Four factors are considered: The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. The effect of the use upon the potential market for or value of the copyrighted work. Fair Use for Educational Purposes Librarians, educators and publishers have developed voluntary guidelines to address fair use of work for teaching, scholarship, and research purposes. These fair use guidelines generally address fair uses that are non-transformative ~ that is the work is being used as it was produced and essentially for the purpose for which it was produced. The TEACH Act provides authorization for use of copyrighted materials in distance education settings but only cover distance education environments that are restricted to student access. But these Fair Use guidelines focus on personal research use or use in a classroom. It would not be considered fair use under these guidelines to post copyrighted material on a public web site. Transformative Fair Use for Criticism, Comment, and Parody To support a fair use right to post material on a publicly accessible web site requires a focus on a different approach to the fair use consideration. Use of copyrighted work for criticism, comment, and parody, is a transformative use of the prior work. Transformative use is the use of an existing work as part of a creative process that results in the creation of a new work ~ that while incorporating parts of the original ~ is an new work in its own right. This fair use exception is important for public policy reasons. When a portion of a prior work is incorporated into a new work for the purpose of expanding upon, commenting on, or criticizing the prior work, the new work has significant social benefit. It is through the publication of these new works, and comments and criticism of the original works, that society gains new knowledge. If use of a prior work is for transformative purposes and the other criteria are met, then the new work could properly be placed on a publicly accessible web site. The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: ³quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report;...reproduction by a teacher or student of a small part of a work to illustrate a lesson; ...² The Stanford Copyright and Fair Use Center recommends asking these questions: Has the material you have taken from the original work been transformed by adding new expression or meaning? Was value added to the original by creating new information, new aesthetics, new insights and understandings? I also provide recommendations on how school districts can set up an online concerns process that will seek to address concerns of copyright owners - and reduce the potential for any liability. Institutions of higher education do have statutory immunity for this kind of potential copyright violation - if they have a way to get the infringing material taken down quickly. But no one thought that K-12 students would ever post material online. <sigh> Nancy -- Nancy Willard, M.S., J.D. Center for Safe and Responsible Internet Use http://csriu.org http://cyberbully.org http://cyber-safe-kids.com http://csriu.wordpress.com nwillard@csriu.org Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social Aggression, Threats, and Distress (Research Press) Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Learn to Use the Internet Safely and Responsibly (Jossey-Bass) -------------------------------------------------------------------- Please note: All LM_NET postings are protected by copyright law. You can prevent most e-mail filters from deleting LM_NET postings by adding LM_NET@LISTSERV.SYR.EDU to your e-mail address book. To change your LM_NET status, you send a message to: listserv@listserv.syr.edu In the message write EITHER: 1) SIGNOFF LM_NET 2) SET LM_NET NOMAIL 3) SET LM_NET MAIL 4) SET LM_NET DIGEST * LM_NET Help & Information: http://lmnet.wordpress.com/ * LM_NET Archive: http://www.eduref.org/lm_net/archive/ * EL-Announce with LM_NET Select: http://lm-net.info/join.html * LM_NET Supporters: http://lmnet.wordpress.com/category/links/el-announce/ --------------------------------------------------------------------